5.  The applicant was born in 1978 and lives in Moscow.
6.  In the early morning of 22 February 2001 the applicant entered the grounds of a furniture depot, where he was spotted by security guards. The guards called the police, and, soon after, the applicant was arrested. He claimed that he had been beaten by the police officers and the guards when he was being arrested. After searching the premises, the police discovered a handgun, allegedly belonging to the applicant. The applicant was taken to Vidnovo police station (Moscow Region) for questioning.
7.  The applicant alleges that in the course of the questioning police officers M. and E. tortured him: they put a gas mask over his head and blocked air access, so that he started suffocating. They also hit him with a rubber stick. The applicant agreed to confess to theft and, moreover, to give them money so that they would stop. At about 4 a.m. the applicant went to his flat, accompanied by two police officers, where, at gunpoint, he handed over 5,000 US dollars. Then the police officers returned to the police station with him and he was locked in a cell. However, the policemen promised him that if he confessed to the alleged crimes the town prosecutor would soon release him on bail. The applicant wrote a statement in which he confessed to attempted theft and illegal possession of a handgun.
8.  The Government produced an extract from the police station record of arrests. Entry no. 296 concerned the applicant; it read as follows: “22.02.2001/[the applicant] made no complaints [about his condition]/no visible injuries [on him]”.
9.  In the afternoon the police instituted criminal proceedings against the applicant on suspicion of theft and illegal possession of a firearm (criminal case no. 39697). In connection with these proceedings the town prosecutor authorised the applicant's pre-trial detention.
10.  On 23 February 2001 the applicant met with his lawyer. Through him the applicant transmitted to the town prosecutor a written statement in which he described the circumstances of his arrest, the ill-treatment and extortion of money. According to the applicant, his complaint of ill‑treatment was handed to the investigator in charge of his case on that date; however, the case file does not contain any proof of that.
11.  On 5 March 2001 the applicant lodged a formal complaint with the town prosecutor about the ill-treatment and extortion, seeking the criminal prosecution of the police officers involved. He also requested to be released on the grounds that he might easily be subjected to further pressure and physical violence by those police officers while in the pre-trial detention facility.
12.  The applicant claimed that, as a result, officers M. and E. had been dismissed from service. The Government confirmed that M. had been dismissed for underperformance and E. had been transferred to another unit. However, neither of these disciplinary measures was related to the events at issue.
13.  On 21 May 2001, after a preliminary inquiry into the applicant's allegations of ill-treatment, the town prosecutor decided not to proceed with the investigation. The materials of the inquiry were added to the file in the applicant's case.
14.  On 25 May 2001 the Vidnovo town prosecutor issued a bill of indictment in the applicant's case and transmitted it with the case-file to the Vidnovo Town Court for examination on the merits.
15.  In July 2001 the applicant's lawyer lodged similar complaints of ill‑treatment with the Regional Prosecutor and the Prosecutor General, seeking further investigation into the alleged ill-treatment and extortion. It is unclear whether those complaints were ever examined on the merits. The applicant's complaint in similar terms lodged with the Internal Security Department of the Ministry of the Interior was forwarded to the Moscow Regional Court “for further inquiries”. On 5 September 2001 this complaint was forwarded to the Vidnovo Town Court, where it was “added to the case file”.
16.  After the applicant's conviction on 10 September 2001, his lawyer lodged a new complaint with the prosecutor of the Vidnovo district, seeking the institution of criminal proceedings against officers M. and E. As can be seen from the applicant's submissions, he received no reply to this complaint.
17.  On 19 March 2002 the applicant lodged a civil-law complaint about the inaction of the prosecutor of the Vidnovo district before the Vidnovo Town Court, under the provisions of the Judicial Appeals Act (see the “Relevant domestic law” part below).
18.  On 29 March 2002 the court returned his complaint unexamined. The Town Court indicated that the complaint had been lodged under the provisions of the Code of Civil Procedure, whereas it should have been lodged in accordance with the provisions of the Code of Criminal Procedure. The Town Court referred to the position of the Plenary Session of the Supreme Court of the Russian Federation, expressed in its Ruling of 21 December 1993 in which the Supreme Court held that decisions of the prosecuting authorities should be challenged by way of a criminal-law complaint.
19.  The applicant appealed, claiming that the Town Court's refusal to examine his complaint was unlawful and breached his constitutional right of access to court. However, on 22 May 2002 the Moscow Regional Court upheld the decision of the Vidnovo Town Court of 29 March 2002. The Court of Appeal confirmed that the decision of the prosecutor not to proceed with the case should have been challenged under the provisions of the Code of Criminal Procedure.
20.  During the pre-trial investigation of criminal case no. 39697 and the trial of his case before the Vidnovo Town Court the applicant remained in the remand prison. On several occasions he requested the investigator in charge of his case and the town prosecutor to release him. In particular, on 22 March 2001 he lodged an application with the Vidnovo town prosecutor. However, it was refused on the ground that the applicant might abscond or interfere with the course of justice.
21.  On 17 April 2001[1] the applicant lodged another application for release with the court. In his application he described the alleged ill‑treatment and extortion of money by the police officers. He also referred to various defects in the investigation proceedings and to his poor health and personal circumstances.
22.  On 11 May 2001 the Kashira Town Court of the Moscow Region rejected his application, putting forward the following arguments:
“[The applicant] has committed several intentional crimes, including serious ones. This fact is not disputed either by [the applicant] or by his defence counsel. There is no information that the state of his health is incompatible with detention pending investigation. Given this fact and taking into account the fact that Mr Medvedev committed the impugned crime in another district, the Court holds that the investigative authorities have rightly applied detention pending investigation as a preventive measure.”
The applicant was informed in that ruling that he had seven days to lodge an appeal with the Moscow Regional Court.
23.  The applicant's lawyer appealed. The applicant indicated that his appeal had been lodged on 14 May 2001; the Government did not dispute that assertion. On 13 June 2001 the appeal was dismissed by the Moscow Regional Court. It appears that neither the applicant nor his lawyer was present at the appeal court hearing. The ruling of the appeal court was very short and dealt with the applicant's arguments summarily.
24.  The applicant indicated that he had received a copy of the appeal court's decision in February 2002[2]. The Government did not dispute that; they claimed, however, that the case file concerning the application for release before the Kashira Town Court had been destroyed after the expiry of the time-limits established by domestic legislation for the storage of documents in the court's archives. The applicant indicated that under the applicable rules on document management in the Russian courts the case file concerning his application for release should have been kept in the Moscow Regional Court until 2007, so these documents should have been in the possession of the authorities.
25.  On 22 May 2001 the prosecution forwarded the applicant's case, together with the bill of indictment, to the Vidnovo Town Court of the Moscow Region. In the course of the trial the applicant raised the issue of ill-treatment and extortion of money by the police officers before the court as an argument in support of his innocence.
26.  On 10 September 2001 the Vidnovo Town Court delivered its judgment. As to the alleged ill-treatment, the court rejected this argument, referring to the inquiry conducted by the Vidnovo town prosecutor at the applicant's request. The court further noted that the security guards at the furniture depot, who had been present at the time of the applicant's arrest, had testified that the applicant had confessed to the alleged theft immediately. So there had been no need to put further pressure on him in order to extort a confession.
27.  The court found the applicant guilty of attempted theft but acquitted him of illegal possession of firearms. He was sentenced to eight months' imprisonment.
28.  The judgment of 10 September 2001 was subject to appeal to the Moscow Regional Court. However, the applicant did not appeal, allegedly out of fear of reprisals by the police officers implicated in the ill-treatment. Therefore, the conviction became final on 17 September 2001. A supervisory-review appeal by the applicant was rejected by the Moscow Regional Court on 13 December 2001.
29.  On 24 October 2001 the applicant was released from prison.